The Michigan Department of Education’s Office of Special Education has proposed several changes to the Michigan Administrative Rules for Special Education (“MARSE”) affecting timeline calculations, special education endorsements, and state complaint investigations. The following summary highlights the key proposed changes as well as avenues for submitting public comments and feedback:
Under R 340.1701a, the proposed revision removes private entities from the definition of “agency.”
Under R 340.1721 and R 340.1721b, proposed changes clarify how school days are to be counted for evaluation-related timelines, including initial evaluations. The first school day is excluded and the last school day is included when calculating applicable timelines, including deadlines for providing prior written notice, notice of an offer of a free appropriate public education (“FAPE”), or a determination of ineligibility. The proposed language also expressly requires districts to provide prior written notice when declining to conduct a requested evaluation.
Under R 340.1721e, which discusses Individualized Education Programs (“IEP”), a new section was added, R 340.1721e(8), to reinforce the requirement that the district has 7 school days after any IEP team meeting to provide notice of an offer of FAPE or determination of ineligibility. It further requires that the agency document the mode and date of delivery of the notice, and that the notice identify where the programs and services will be provided and when the IEP will begin.
Under R 340.1781, R 340.1782, and newly added R 340.1784, the proposed rules create a stand-alone special education teacher endorsement that would allow placement across multiple disability categories. Individuals may still pair the endorsement with a general education content endorsement so long as they meet the criteria to do so, such as completing the applicable preparation program, gaining clinical experiences in their desired endorsement area, and passing the appropriate examinations required for teacher certification. Unlike the current categorical endorsement structure, the intent of the proposed addition of a general endorsement is to provide greater flexibility in assigning special education teachers across programs. These proposed changes also modify preparation programs to emphasize instruction across all core content areas, particularly in literacy and mathematics. These modifications are intended to help address Michigan’s demand for special education teachers. Existing special education endorsements would remain in place, and currently certified special education teachers would retain the endorsements already listed on their certificates. The new endorsement structure has the following limitations:
| Teacher with new endorsement can be placed in the following programs:
· Mild cognitive impairment · Emotional impairment · Specific learning disabilities · Physical or other health impaired · Elementary and secondary resource programs |
Teacher with new endorsement cannot be placed in the following programs:
· Autism spectrum disorder · Early childhood special education · Deaf and hard of hearing · Visual impairment · Severe, moderate, and severe multiple cognitive impairment · Adaptive physical education services · Speech language impairment services programs
|
Under R 340.1852, which discusses the general responsibilities of public agencies, intermediate school districts, and the department during state complaints, language was removed which allowed a complaint to be delayed due to an informal resolution. The language now more closely aligns with 34 CFR § 300.152(b)(1)(2), which states that a complaint timeline can only be extended if exceptional circumstances within the particular complaint exist, or if the parent (or individual or organization) and the public agency involved agree to extend the timeline to engage in mediation or another alternative means of dispute resolution.
Under R 340.1853, which discusses the investigation, report, and final decision of a state complaint, proposed language removes the previous language which permitted “stay put” protections during a state complaint. The proposed revision reflects that the “stay put” process is only applicable to due process complaints under the Individuals with Disabilities Education Act and is not applicable to state complaints.
If clients wish to provide public comment, written comments about the proposed rules must be received by the MDE no later than 5 p.m. on October 16, 2026, in the following ways:
- Online Public Written Comment
- By email at MDE-OSE-Public-Comment@michigan.gov (include “Rule set 2026-14 ED” in the subject line)
- By Mail at:
Michigan Department of Education Office of Special Education
608 W. Allegan Street
P.O. Box 30008
Lansing, MI 48933
Clients can also provide verbal comments during the following hearing dates:
- Monday, October 12, 2026 – 2 p.m.- 5 p.m. – Virtual
Join October 12 Public Hearing (2 p.m.) - Tuesday, October 13, 2026 – 9 a.m.- 11 a.m. – Virtual
Join October 13 Public Hearing (9 a.m.) - Tuesday, October 13, 2026 – 3:30 p.m.-5 p.m. – In Person
In-person location:
Michigan Library & Historical Center
1st Floor Forum
702 W. Kalamazoo St.
Lansing, MI 48915
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